HAR §12-42-138

HAR §12-42-138. Answer

Last amended: 1982Length: 262 wordsOfficial source

Cite as Haw. Code R. § 12-42-138

(a) The exclusive representative shall file a written answer with the board within ten days after service of a copy of the petition. One copy of the answer shall be served on each party, and the original and five copies, with certificate of service on all parties, shall be filed with the board. (b) The answer shall contain the following: (1) A specific admission, denial, or explanation of each allegation of the complaint, or, if the respondent is without knowledge thereof, the respondent shall so state and the statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation; 45 (2) A specific detailed statement of any affirmative defense; and (3) A clear and concise statement of the facts and matters of law relied upon constituting the grounds for defense. (c) In extraordinary circumstances as determined by the board, the board may extend the time within which the answer shall be filed upon motion filed by the respondent with an accompanying affidavit setting forth the grounds upon which the motion is based and indicating the position of the other parties with regard to the extension. Any motion for extension shall be filed prior to the expiration of the required period for filing an answer. (d) If the exclusive representative fails to timely file an answer, that failure may constitute an admission of the material facts alleged in the petition and a waiver of a hearing thereon. [Eff. April 12, 1982] (Auth: HRS §89-5) (Imp: HRS §89-4)
HAR §12-42-138: HAR §12-42-138. Answer | Justis AI